Sex Crimes in New Jersey

If you or a loved one has been accused of a sex crime, you need a New Jersey criminal defense lawyer who will fight to protect your rights and ensure your side of the story is heard.

Being charged with a sex crime can be an incredibly disruptive force — with ruinous potential — on every aspect of your life. Not only are you facing a potential criminal conviction and jail time, but there is also the potential for Megan’s Law registration requirements.

In New Jersey, the term “sex crimes” refers to any criminal charge involving sexual activity such as rape, child sexual abuse, prostitution, molestation, indecent exposure and lewdness. No matter what the charge, you have rights under the law.

Daniel M. Rosenberg & Associates has represented people just like you. Our team has experience trying sex crime cases, and are familiar with all aspects of the charges, the conviction, the investigation and the potential risks of trial. Let us help you prove your innocence.

Potential Sex Crime Charges in New Jersey

Aggravated Sexual Assault, First Degree

Sexual Assault, Second Degree (Rape)

Endangering the Welfare of Children, Second or Third Degree

Aggravated Criminal Sexual Contact, Third Degree

Criminal Sexual Contact, Fourth Degree

Lewdness, Fourth Degree or Disorderly Persons

Harassment, Petty Disorderly Persons Offense

Internet Sex Crimes

Sexting

Child Pornography

Child Molestation

Incest

Statutory Rape

Date Rape

Sexual Abuse

Prostitution

Human Trafficking

Failure to Register as a Sex Offender

Potential Imprisonment for NJ Sex Crimes

Aggravated Sexual Assault, 1st Degree

10 - 20 years

Sexual Assault, 2nd Degree

5 - 10 years

Endangering the Welfare of Children, 2nd Degree NJ

5 - 10 years

Endangering the Welfare of Children, 3rd Degree NJ

3 - 5 years

Aggravated Criminal Sexual Contact, 3rd Degree NJ

3 - 5 years

Criminal Sexual Contact, 4th Degree NJ

18 months

Lewdness, 4th Degree or Disorderly Persons NJ

6 months

Harassment, Petty Disorderly Persons Offense NJ

30 days

You might also be required to register for one or both the national and state sex offender registries for life. This results with your picture posted online as a sex offender. And some sexual crime convictions require that you be placed on “Parole Supervision for Life” (PSL) which includes constant supervision by a specially assigned parole officer and restrictions on travel and internet access.

If you are facing sex crime charges, you need a skilled and knowledgeable New Jersey criminal defense lawyer on your side. The legal team at Daniel M. Rosenberg & Associates will work with you to formulate an effective and aggressive legal defense to your charges. To schedule a free consultation, contact us today.

Aggravated Sexual Assault, 1st Degree

Aggravated sexual is the most serious sex crime in New Jersey. The different types of aggravated sexual assault — involving sexual penetration — include:

The victim is under 13 years old.

The victim is 13 – 16 years old and the defendant was in a familial relationship with the victim, the defendant had supervisory/disciplinary power over the victim or the defendant was a parent/guardian of the victim.

The assault occurred during the commission of another crime such as a robbery, kidnapping, murder or arson.

The defendant was armed and threatened to use the weapon to achieve sexual advantage.

The defendant was aided or assisted by one or more other persons in the assault.

The defendant used physical force or coercion and the victim suffered severe personal injury.

The defendant knew, or should have known, that the victim was physically helpless — asleep, unconscious, unable to flee or unable to communicate unwillingness — mentally incapacitated or mentally defective.

Sexual Assault, 2nd Degree (Rape)

In New Jersey, sexual assault is the legal term for rape. Sexual assault in NJ is defined as “penetration, no matter how slight, in which physical force or coercion is used or in which the victim is physically or mentally incapacitated.”

The victim is younger than 13 years old and the defendant is older than 17 years old.

The defendant used physical force, but the victim was not injured.

The victim was under the control of the defendant (e.g., prison guard, parole officer, etc.).

The victim is 16 – 18 years old and the defendant has control over them.

The victim is 13 – 16 years old and the defendant is older by four years or more.

Rape Kits

All rape kit evidence is preserved and maintained for at least five years.

According to the New Jersey Attorney General’s Office, all rape kits submitted in criminal investigations are tested as soon as they are sent to the State Police lab in Hamilton.

Endangering the Welfare of Children, 2nd or 3rd Degree

In New Jersey a child is any person under the age of 18. Endangering the Welfare of Children, 2nd Degree, occurs when a child’s legal guardian or caretaker engages in sexual contact with that child “which would cause the child harm, impair the child’s morals, or cause harm in such a way that the child could be defined as an abused or neglected child.” Endangering the Welfare of Children, 3rd Degree, is the same as the second degree charge, except the child is younger than 16.

Endangering the Welfare of a Child can include:

Child abuse

Child neglect

Child pornography

Child molestation

Sexual assault

Statutory rape

Driving while intoxicated while a minor is in the vehicle

Aggravated Criminal Sexual Contact, 3rd Degree

In New Jersey, the charge of Aggravated Criminal Sexual Contact indicates the defendant intentionally touched the intimate parts of a victim or themselves for the sexual degradation or humiliation of the victim or the sexual arousal or gratification of the defendant in any of the following circumstances:

The defendant is a parent/guardian of the victim

The defendant is related to the victim

The defendant has disciplinary/supervisory power over the victim

Criminal Sexual Contact, 4th Degree

In New Jersey, a defendant is charged with Aggravated Criminal Sexual Contact if they intentionally touched the victim or themselves for their own sexual arousal or the sexual humiliation of the victim.

Lewdness, 4th Degree or Disorderly Persons

In New Jersey, a defendant is guilty of Lewdness if they commit a flagrantly offensive act that they believe non-consenting people will likely see.

Lewdness is typically a disorderly persons charge in New Jersey, but it becomes a fourth degree crime when the defendant knows or reasonably expects to be observed by a child younger than 13 years old, if the defendant is at least four years older than the child or if they are observed by a person who is unable to understand the sexual nature of the defendant’s conduct due to mental illness or disease.

Harassment, Petty Disorderly Persons Offense

Harassment is a petty disorderly persons offense in New Jersey. A defendant is charged with harassment if they purposefully:

Communicate anonymously, at extremely inconvenient hours, in offensively coarse language, or any other manner likely to cause irritation or alarm

Threaten or subject the victim to hitting, kicking, shoving or other offensive contact/touching

Engage in any sort of alarming conduct or repeatedly commit acts to purposefully alarm or seriously annoy the victim

If the defendant commits harassment while in prison, on probation or on parole for an indictable offense, they can be charged in the fourth degree.

Internet Sex Crimes

Internet sex crimes typically do not involve direct contact with another person but cover a range of inappropriate behavior using the internet, including:

Possession and/or distribution of child pornography

Sex crimes involving social media

Sexting

Internet solicitation of a minor (even if the plan is not carried out)

Sending explicit photos to a minor

Requesting explicit photos from a minor

Federal and state crimes involving computers

Child Pornography

Child pornography in New Jersey is defined as “the visual depiction of a person under the age of 18 engaged in sexually explicit conduct.” If images are distributed or downloaded across state lines — downloading images in New Jersey from a server in California, for example — the case will be prosecuted under federal law.

Incest

Is incest is legal in New Jersey? Yes, incest, as defined by New Jersey incest laws as consensual sexual relationships among adult relatives, is not a criminal offense. Incestuous marriages, however, are illegal. Also, New Jersey increases the severity of underage sex offenses if they are also incestuous.

Statutory Rape

In New Jersey, the legal age a person can consent to participate in sexual activity is 16 years old. The statutory rape laws in NJ are violated when a person has consensual sexual intercourse with an individual aged 15 or younger. There is a close-in-age exemption allowing minors ages 13 – 15 to have sex with a partner up to 4 years older.

Megan’s Law Registration Requirements

Megan’s Law is a statute enacted in 1994 requiring information about convicted sex felons be available to the public. Megan’s Law is set forth in N.J.S.A. 2C:7-2. Convictions or adjudications of the following crimes will require persons to register under Megan’s Law:

Aggravated sexual assault

Sexual assault

Aggravated criminal sexual contact

Criminal sexual contact (if victim is a minor)

Kidnapping if victim is under 16 years of age

Endangering the welfare of a child (in certain circumstances)

Luring

Promoting prostitution of a child under the age of 18

False imprisonment (if victim is a minor)

If you are required to register and don’t, you could be charged with a third-degree offense of failure to register, which is punishable with three to five years in state prison.